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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
BIPIN CHANDER NEGI, J.
Arvind Kumar - Petitioner
Versus
State of Himachal Pradesh – Respondent
Cr.MP(M) No.316 of 2025
Decided On : 25-03-2025
(A) Narcotic and Psychotropic Substances Act - Sections 22, 25 and 29 - Bail application filed under Section 483 for grant of bail in connection with FIR No.53 of 2024 - Petitioner arrested while in a vehicle where contraband was found - Investigation complete, and no recovery needed from petitioner - Court emphasizes the importance of personal liberty and the presumption of innocence - Conditions for bail outlined to ensure attendance at trial and prevent tampering with evidence. (Paras 2, 6, 8, 12)
(B) Bail - The object of bail is to secure attendance at trial, not punitive - Pre-trial incarceration has grave consequences on the accused and their families - Judicial discretion exercised in favor of granting bail. (Paras 9, 10, 12)
Facts of the case:
The petitioner was arrested on 29.11.2024 during a traffic check where contraband was found in the vehicle he was in. He is currently in judicial custody, and the investigation is complete.
Findings of Court:
The court found that the petitioner should be granted bail due to the completion of the investigation and the absence of a previous criminal history.
Issues: The main issues included the necessity of pre-trial detention and the conditions under which bail should be granted.
Ratio Decidendi: The court ruled that personal liberty is a fundamental right and should only be curtailed when necessary, emphasizing that the object of bail is to ensure attendance at trial.
Result: Bail application allowed.
JUDGMENT :
(Bipin Chander Negi, J.)
Head Constable Ramesh Chand No.125, Police Station, Nerwa, District Shimla, Himachal Pradesh, is present along with record. Status report stands filed. The same is taken on record. Copy, whereof, has been supplied to learned counsel for the petitioner.
2. The present bail petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of bail. The same arises out of FIR No.53 of 2024, dated 29.11.2024, registered at Police Station, Nerwa, District Shimla, Himachal Pradesh, under Sections 22, 25 and 29 of the Narcotic and Psychotropic Substances Act.
3. The incident, in the case at hand is dated 29.11.2024. The Police Party apprehended the present bail petitioner on the said date, while on patrolling and traffic checking duty at Chakwali Nalla. At about 12.50 p.m., while on traffic checking duty, the concerned Police Party had stopped a vehicle bearing No.HP-08A-3544 (silvered coloured Baleno). The same was being driven by one Ritesh. The bail petitioner was sitting on the side adjacent to the driver seat. On checking the vehicle, contraband under the seat of the Driver was found. The present bail petitioner was arrested on 29.11.2024. As on date, he is in judicial custody.
4. Heard learned counsel for the parties and perused the status report and the record so produced.
5. From perusal of the status report, it is evident that the investigation, in the case at hand, is complete. Challan stands filed before the Court on 23.01.2025. The matter is now listed for Consideration of Charge before the trial Court on 27.03.2025. No recovery has to be instituted from the bail petitioner. No purpose shall be served by keeping the petitioner in custody.
6. While deciding an application for bail, Court should refrain from evaluating or undertaking a detailed assessment of evidence, as the same is not a relevant consideration at the threshold stage. A Court may examine prima facie issues, including any reasonable grounds, whether the accused committed an offence or the severity of the offence itself, an extensive consideration of merits, which has the potential to prejudice either the case of the prosecution or the defence, is undesirable.
7. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological and physical deprivations of jail. Further, a jailed individual is prevented from contributing to the preparation of his defence. The burden of his detention falls heavily on the innocent members of his family.
8. Personal liberty is a very precious fundamental right. The same is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case.
9. The object of bail is to secure the attendance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. As per the status report, bail petitioner is stated to be a resident of Village Thekra, Tehsil Nerwa, District Shimla, Himachal Pradesh. In order to ensure his presence at trial, stringent condition can be imposed while granting bail. Besides the aforesaid, there is no previous criminal history of the present petitioner.
10. Punishment begins after conviction. Every man is deemed to be innocent until duly tried and duly found guilty. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological and physical deprivations of jail. Further, a jailed individual is prevented from contributing to the preparation of his defence. The burden of his detention falls heavily on the innocent members of his family.
11. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioner whereby it can be made out that the petitioner is likely to betray the confidence, that the Court may place in him to turn out to take justice at the hands of the Court.
12. Hence, after going through the material available on
Personal liberty is a fundamental right, and bail should be granted unless necessary to ensure attendance at trial, with conditions imposed to prevent tampering with evidence.
Bail is granted based on the presumption of innocence, absence of prior criminal history, and lack of risk of flight or witness tampering.
The court ruled that bail should be granted when no contraband is found in possession, emphasizing the presumption of innocence and the need for a direct nexus between the accused and the alleged cri....
Bail is granted when pre-trial incarceration is not justified, especially if no contraband is found in possession of the accused, emphasizing the presumption of innocence.
The court emphasized that bail is a means to secure attendance at trial, and personal liberty should only be curtailed when necessary, reflecting the presumption of innocence.
Personal liberty is a fundamental right that should only be curtailed when necessary, and bail should secure attendance at trial without being punitive.
Personal liberty is a fundamental right, and bail should be granted to ensure attendance at trial, not as a punitive measure.
The presumption of innocence remains until proven guilty, and the quantity of contraband does not invoke stringent bail conditions under the NDPS Act.
Pre-trial punishment is prohibited; bail may be granted when the contraband does not constitute commercial quantity, ensuring the applicant's rights are protected.
The court emphasized the presumption of innocence and the necessity of judicial discretion in granting bail, particularly in cases involving commercial quantities of contraband.
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